Loan No Clause Samples

Loan No. [MIN No.] ------- Reason for requesting file: --------------------------
Loan No. If only particular documents in the Mortgage File are requested, please specify which: Reason for requesting file (or portion thereof):
Loan No. 755155 (BEL AIR CENTER) ----------------------------------
Loan No. 753974 (Seneca Meadows This loan is legal non-conforming with respect to parki▇▇. Corporate Center II) Lender has an insured Common Access and Parking Easement that provides a sufficient number of additional parking spaces to satisfy the current zoning code.
Loan No. 7 0 24 89 7 2.026 7 11 0 24 92 4 2.026 11 16 2 26 90 4 H 2.026 16 22 0 24 89 7 2.026 22 29 1 25 88 7 2.026 29 38 0 24 89 7 2.026 38 45 1 25 88 7 2.026 45 51 1 25 91 4 2.026 51 57 3 23 12 12 11 2 2.026 57 65 1 25 88 7 2.026 65 68 5 29 87 4 2.026 68 69 0 24 35 61 2.026 69 73 0 24 89 7 2.026 73 76 0 24 89 7 2.026 76 88 0 24 59 37 2.026 88 101 0 24 47 25 2.026 101 108 1 25 88 7 2.026 108 136 1 25 91 4 2.026 136 153 1 34 82 4 2.026 153 167 0 24 59 37 2.026 167 1 25 91 4 2.026 170 1 25 91 4 2.026 170 171 0 24 92 4 2.026 171 202 2 26 31 3 2.026 202 222 0 24 92 4 2.026 222 244 2 26 90 4 2.026 244 310 1 25 91 4 2.026 310 342 0 24 92 4 2.026 342 EXHIBIT 2 REPRESENTATIONS AND WARRANTIES REGARDING INDIVIDUAL MORTGAGE LOANS
Loan No. 755967 (20 Aquarium)
Loan No. 755762 (The Kirby Shopping Center) Explanatio▇ -▇▇e property is legal non-conforming with respect to the side setback and parking requirements. The current side setback requirement is 5 feet and the side setback is 4.2 feet, thus it encroaches by 0.8 feet. The property requires 37 parking spaces and there are 18 parking spaces (deficient 19 spaces). The property can be rebuilt to its current state so long as the damage does not exceed 51% of the replacement cost of the structure. The loan documents contain language requiring borrower to paydown the loan in the event of casualty to a 1.20x debt service coverage in the event the property cannot be rebuilt to its current state due to the zoning deficiencies noted above. Ordinance and Law coverage was obtained. The LTV for the property is 68.8%. Loan No. - 755812 (210 Adrian Road) Explanation -The pro▇▇▇▇▇ has a legal non-conforming use with respect to parking, building setback lines and lot coverage. Zoning requires 86 spaces, and the property has 32 spaces (deficient 54 spaces). In addition, the current required front setback line is 25 feet and the property has a front setback of 3.4 feet. Lastly, current maximum lot coverage requirement is 50% and per the survey, the lot coverage is 95%. The property can be restored to its existing state subject to obtaining a use permit. Per conversations with the city planning department, a use permit would be issued if a casualty was not material. Borrower and Guarantor are personally liable for any loss or damage to Lender arising from the failure of the applicable zoning authority to permit the restoration of the Premises to the condition and use existing as of the closing date. Law and Ordinance coverage was obtained. Loan No. - 755848 (Market Pointe I) Explanation -The property is legal non-conforming with respect to parking. Zoning requires 558 spaces, and the property has 545 spaces (deficient 13 spaces). The property can be restored to its existing state as long as restoration is initiated (as evidenced by issuance of a building permit) within 1 year of the casualty. The LTV for the property is 46.7%. Loan No. - 755922 (Hampton Inn) Explanation - The property is non-conforming with respect to parking requirements. The property requires 130 parking spaces and there are 125 parking spaces (deficient 5 spaces). The loan documents contain language (i) requiring borrower to comply with all zoning requirements (including the removal of the direct access drive at the NE...
Loan No. ▇▇-▇▇▇▇▇▇-▇ / AFS No.: 0210690058 USActive 37187036.11 89908444.1
Loan No. Exception -------- ---------
Loan No. 755935 (Hanover Village MHP) Explanation -The property is legal non-conforming with respect to use and front setback and parking requirements. The current use as a manufactured housing facility is a grandfathered (aka legal non-conforming) use as the property is zoned high density multi-family. The property has a rental house which encroaches into the current front setback by up to 16 feet. The property requires 204 parking spaces (2 spaces per mobile home lot) and there are 102 parking spaces (deficient 102 spaces). There is parking on the street in front of each lot, however these spaces can not be counted in the parking requirements. The property can be rebuilt to its current state so long as the property is deemed "repairable" (security includes 2 buildings, 100 concrete pads and streets) and reconstruction is commenced within 1 year of the date of the damage. The loan documents contain language requiring borrower to paydown the loan in the event of casualty to a 1.15x debt service coverage in the event the property cannot be rebuilt to its current state due to the zoning deficiencies noted above. Ordinance and Law coverage was obtained. Loan No. - 755960 (720 Paularino Avenue) Explanation -The property is legal non-conforming with respect to front setback, floor area ratio and parking requirements. The front setback requirement is 20 feet and the front setback is 19.89 feet, thus it encroaches by .11 feet. The floor area ratio requirement is 0.3 and the approximate floor area ratio is 0.6113 and thus it exceeds the requirement by 0.3113. The property requires 102 parking spaces and there are 77 parking spaces (deficient 25 spaces). The property can be rebuilt to its current state so long as the property reconstruction is commenced within 1 year of the date of the damage and carried to completion diligently and to the current floor area ratio (or less) so long as all other then-current code requirements are met (including building setback, lot coverage, building height, parking, open space and landscaping requirements). The loan is fully recourse to Borrower and Guarantor. Ordinance and Law coverage was obtained. The LTV for the property is 64.6%. Loan No. - 755965 (Sandalfoot Plaza)